19. Income Definitions and Exemptions

Transcription

1 CalFresh Handbook page Earned Income Definition Earned income is received as compensation for employment Wages and Salaries [ ] All wages and salaries of an employee include: Wages that are earned or diverted to a third party by the employer to pay for household expenses (except for military payments diverted to an ex-spouse by court order). In-Home Supportive Services (IHSS) payments received to care for a disabled person. Vacation pay received while the individual is still employed. (Vacation pay received in a lump sum a month or more after the final paycheck from employment is considered a resource.) Example: A client is fired on September 10th and receives a final paycheck the same day (earnings). One month later, the client receives a check for vacation pay owed (resource). Example: A client is fired on June 3rd and receives a final paycheck on June 5th which includes 20 hours vacation. Count the entire amount as earnings. Work study earnings. [Refer to Students, page 30-1.] The following are NOT considered earned income: Earned Income Tax Credit (EITC) payments received monthly. These are considered a resource. Update #12-XX Revised: 02/xx/12

2 page 19-2 CalFresh Handbook A meal deduction on a paycheck for a food service job. This is considered an exempt vendor payment. Monies withheld from earned income to repay a prior overpayment received from that income source. Rent paid directly to the landlord by an employer in addition to paying the household its regular wages. This is considered an exempt vendor payment, and not counted as income or a deduction Self-Employment [ ] Self-employment income is earned income. Determine the gross by subtracting either the actual business expenses or a 40% standard deduction, whichever the client chooses, from the total self-employment income. [Refer to Self-Employment [ ], page for detailed information and examples on budgeting.] Income from a room rental or boarder is considered self-employment income. Losses from self-employment as a farmer are to be offset against any other countable income in the household. Reminder: The client must only verify self-employment expenses when selecting the actual self-employment deduction. Verification is not required for the 40% deduction to self-employment income. Determination Self-employment must be determined on a case-by-case basis. A person who works for wages or commission is not self-employed. Criteria such as tax returns, employer reports, to the IRS, Social Security tax withholdings, etc., can be used to determine self-employment. In most situations if a client files his or her income tax as self-employed they are considered self-employed for CalFresh as well; however there are other criteria that must also be taken into account when making the self-employment determination. If the client is employed by a company or an individual but chooses to file as self-employed for tax purposes only, the existence of an employee-employer relationship must be explored prior to making the self-employment determination for CalFresh. If the client does not have any self-employment expenses because they are paid for by another individual or company, the relationship between the payee of the costs and the client must also be explored to determine if there is an employee-employer relationship. Revised: 02/xx/12 Update #12-XX

3 CalFresh Handbook page 19-3 An individual does not need to meet all of the criteria mentioned above. In all circumstances, all the information available must be used and the situation thoroughly explored to determine if the case is to be considered self-employment. A sworn affidavit from the client may be needed in order to clarify any conflicting or unclear information. There are situation in which In order to apply the self-employment rules it should also be considered if an employer-employee relationship exists. Employee-Employer Relationship When determining employee-employer relationship, there is certain criteria that must be explored. 1. Who has behavioral control of the work or services performed? Who decides: when and where the work done; what tools or equipment should be used to perform the work; what workers to hire or to assist with the work; where and when to purchase supplies and/or services; what work should be performed and who should perform it; and what order or sequence should the work be performed in. 2. Who has financial control of the business? Who decides: which expenses are reimbursed to the worker; how much to pay for the reimbursement; how and when the worker is paid; and who has can negotiate the cost of the services. Example: The client is employed as a baby-sitter. She baby-sits the same child Monday-Friday at the child s home and gets paid by the child s parents. The client does not have any expenses and all the supplies (i.e. food, toys, diapers, etc.) are purchased and provided by the parents of the child. The parents of the child have final say in what supplies are used and where and when the baby sitting is to take place. In this situation the client is not considered self-employed. Since the parents have behavioral control of the employment situation, an employee-employer relationship exists. Example: The client is a child care provider. She provides child care for her niece and gets paid by the program 4C s. The parents of the child do not have any control as to the amount or how the client is paid. The program 4Cs only provides the payment for the child care, but does not have any control in where or when the services are provided. In this situation the client is Update #12-XX Revised: 02/xx/12

4 page 19-4 CalFresh Handbook considered self-employed since an employee-employer relationship does not exist between the client and the parents of the child nor between the client and 4C s. Example: The client provides adult care services for a disabled adult. The client is paid through In-Home Supportive Services (IHSS). IHSS withholds State, and Federal taxes from the client s paycheck as well as Medicare and Social Security taxes. In this situation the client is not self-employed since an employee-employer relationship (per CalFresh regulations) can be established between the client and IHSS. Example: The client is a day-laborer who stands in front of Home Depot waiting for someone to offer him work to do. On the days he is hired, he does not have any expenses, since he only provides the manual labor. In a month he can be hired by multiple people. In this situation, the client is not considered self-employed. Even though the client can decide whom to be hired by, once he is hired, that person has control over what tasks the clients does and how the client is to complete them. An employee-employer relationship exists in this situation. Example: The client is a housekeeper, she cleans several people s homes several times a week. For the most part, she has her own equipment and supplies (i.e. vacuum, dusters, cleaning products, etc.); however on occasion some of the home owners provide their own supplies that they would rather be used to clean their home. The decision on what days to perform the cleaning and how much to charge for the services is an agreement between the home owners and the housekeeper. The client can choose which homes to clean and whether or not to negotiate on the amount to get paid for the services provided. In this situation the client is self-employed. Example: The client is a housekeeper who is employed by the company Merry Maids. the company decides which homes the client will provide housekeeping services for, how much to charge for the service and the company pays the client for those services. In this situation the client is not self-employed, since an employee-employer relationship exists between the client and Merry Maids. Revised: 02/xx/12 Update #12-XX

5 CalFresh Handbook page Training Training allowances from vocational and rehabilitation programs, (such as CET) recognized by Federal, State or local governments are considered earned income to the extent that they are not reimbursements. [Refer to Budgeting Concepts, page 22-1 for specific situations and examples.] Job Corps Job Corps earnings are paid hourly at the minimum wage level or above. Small weekly amounts ($30, for example) are usually a training reimbursement, not earnings. Job Corps may deduct FICA from $30 week training stipends. This is for worker's compensation, but Job Corps still considers the $30 to be a training reimbursement. The EW should verify with Job Corps if there is a question as to whether a payment is earnings or a reimbursement Workforce Investment Act (WIA) WIA earnings are considered earned income. Any training allowances and need-based payments are treated as reimbursements and are therefore exempt. [Refer to Exempt Income [ ], page ] Military Pay Military personnel are paid on the first and 15th of each month. If the first falls on a weekend or holiday, the payday is the last working day of the month prior to the first of the month. A check stub indicating gross pay is not attached to the check of the 15th. A check stub is attached to the check normally received on the first of the month. It shows the total gross and net income and deductions for: The prior month's 15th of the month pay, and The current month's first of the month pay. Due to this payment method, a quarterly reporting household is unable to verify earnings received on the 15th of the submit month. Therefore, EWs shall count as income the amount reflected on the pay stub received on the first of the month as income for that month. Update #12-XX Revised: 02/xx/12

6 page 19-6 CalFresh Handbook In months that a paycheck is received on the last working day of a month (because the first is a holiday or falls on a weekend) that check is treated as if it were received on the first of the following month. Example: May 1, 2004, is a Saturday. The client will receive the paycheck on April 30. This is counted as income for CalFresh as if it were actually received on May 1, It is not counted as April income. Combat Zone A portion of military pay made available to the household is exempt, if that portion of military pay is received as a result of a household member being deployed to a designated combat zone. In order to determine what portion is exempt, the Eligibility Worker must: 1. Establish what amount of the military person s pay was actually available to the household prior to being deployed to the designated combat zone. a. If the military person was part of the household prior to the deployment to a combat zone, this amount is considered net military pay. b. If the military person was not part of the household prior to his/her deployment to a designated combat zone, the current amount is the amount the absent military person actually made available to the household prior to deployment to the designated combat zone. 2. Determine the amount of military pay the deployed household member is making available to the household. 3. Determine if the amount of military pay made available is equal to or less than the amount the household was receiving from the military person prior to deployment to a designated combat zone: a. If the military pay is equal to or less than the amount the household was receiving from the military person prior to deployment, all of the pay would be counted as income to the household. b. Any portion of the amount that exceeds the amount the household was receiving prior to deployment should be excluded as income when determining the amount of CalFresh benefits. Revised: 02/xx/12 Update #12-XX

7 CalFresh Handbook page 19-7 The combat zone pay is excluded from the household income for the duration of the service person s deployment into a designated combat zone. For detailed information on the treatment of combat zone pay as a resource, refer to Chapter 72, Section Designated Combat Zones The following are combat zones designated by either an Executive Order from the President, Public Law , the Department of Defense or in support of Operation Iraqi Freedom: Combat Zone Arabian Peninsula Areas Kosovo Area Description The Persian Gulf Red Sea, Gulf of Oman, the part of the Arabian Sea north 10 degrees North latitude and west of 68 degrees East longitude, the Gulf of Aden, and the countries of Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates Federal Republic of Yugoslavia (Serbia and Montenegro), Albania, the Adriatic Sea and the Ionian Sea Afghanistan Bosnia, and Herzegovina, Croatia and Macedonia Pakistan, Tajikistan and Jordan Kyrgyzstan and Uzbekistan Philippines Only troops with order referencing Operation Enduring Freedom Yemen Djibouti Somalia Israel Exempt any portion of earnings subtracted from an individual's basic pay under the Veteran's Benefits Improvement and Health Care Authorization Act of 1986 (PL , Sec. 303(a)(i). [Refer to Exempt Income [ ], page ] Title I, AmeriCorps [ & (a)(17)] AmeriCorps*VISTA payments are exempt and should not be counted as income for eligibility or benefit determination. [Refer to VOLUNTEER PAYMENTS, page ] Update #12-XX Revised: 02/xx/12

8 page 19-8 CalFresh Handbook Payments from other AmeriCorps programs are exempt, except for on the job training earnings. Some of the AmeriCorps programs are: AmeriCorps*State/*National AmeriCorps*National Civilian Community Corps. On the job training earnings from any of the other AmeriCorps programs count as earned income, unless received by a dependent household member under 19 years of age. Exception: AmeriCorps*VISTA payments received by new applicants, who were not receiving Public Assistance or CalFresh at the time they joined VISTA are counted as earned income. For these individuals, these payments are not exempt for eligibility and benefit determination. [Refer to Exempt Income [ ], page for a complete list of AmeriCorps programs.] Strikers-Picket Duty Any portion of striker's benefits received as compensation for picketing is considered earned income. (The remaining amount is considered unearned income.) Revised: 02/xx/12 Update #12-XX

9 CalFresh Handbook page Unearned Income [ ] Unearned income is any income which is not earned through employment. The chart below lists types of income which are classified as unearned. (Income listed here may be exempt or nonexempt.) [Refer to Exempt Income [ ], page for income exemptions.] UNEARNED INCOME ADOPTION ASSISTANCE PROGRAM (AAP) ADDITIONAL INFORMATION OR RESTRICTIONS Exempt if the child is not yet adopted or if the payment is a reimbursement for expenses such as medical or dependent care. Exempt if the adoptive parent is an SSI/SSP recipient. AAP payments are considered incentive payment to the adoptive parents of hard-to-place children. ALIMONY ANNUITIES CALIFORNIA TRAINING BENEFIT (CTB) CASH GIFTS Count as unearned income. Count as unearned income. Update #12-XX Revised: 02/xx/12

10 page UNEARNED INCOME CHILD/SPOUSAL SUPPORT CalFresh Handbook ADDITIONAL INFORMATION OR RESTRICTIONS Includes direct payments, pass-on payments, and excess payments. An MFG child s receipt of child support from DCSS is considered unearned income. Also includes the first $50/month of child/spousal support paid (including arrearages) to or on behalf of a household. EXCEPTION: For CalWORKs recipients, direct child support payments (including court-ordered arrearages) are considered exempt income in CalFresh budgeting. The direct child support payments do not need to have been turned over to the DCSS in order to be considered exempt for CalFresh. Once the client signs the agreement (CW 2.1) with DCSS to turn in child support payments, these payments are exempt from the CalFresh budget. Child support collected by the Department of Child Support Services (DCSS) in a month the household (HH) was not on CalFresh but issued to the HH by DCSS in a month the HH is on CalFresh is considered a lump sum payment and is counted as a resource. It is NOT counted as income. DEPARTMENT OF DEFENSE FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE (FSSA) BENEFITS DISABILITY INSURANCE BENEFITS Any FSSA benefits are to be treated as UNEARNED income. The amount of FSSA is shown on the member s leave and earnings statement that is the standard wage information form used by the military. Includes State Disability Insurance (DIB) and payments from any other disability plan. [Refer to UIB/DIB Offsets, page 19-36, if all or part of a DIB payment is withheld, for a chart listing the various offsets and their treatment.] DIVIDENDS FROM STOCKS AND BONDS EDUCATIONAL GRANTS [Refer to Students, page 30-1.] ENERGY ASSISTANCE PAYMENTS Includes any state or local energy assistance program payment that is not specifically exempted. [Refer to Exempt Income [ ], page ] INTEREST FROM BANK ACCOUNTS Revised: 02/xx/12 Update #12-XX

11 CalFresh Handbook page UNEARNED INCOME LOANS LOTTERY WINNINGS ADDITIONAL INFORMATION OR RESTRICTIONS Includes personal and deferred educational loans. [Refer to Students, page 30-1 for more information on deferred educational loans.] Counted as income when received in annual installments, but exempt as income and counted as a resource (nonrecurring lump sum) when received in a one-time payment. Lottery winnings that are paid annually and not made in monthly installments shall be averaged over a 12-month period. PAID FAMILY LEAVE (PFL) All Paid Family Leave payments linked to State Disability Insurance (SDI) are considered unearned income. Note: Prior to receiving PFL the individual has the option to take up to two weeks vacation or sick leave. If this occurs, the vacation or sick leave payments are considered earned income. PUBLIC ASSISTANCE (PA) PAYMENTS BASED ON NEED Reception and Placement (R&R) Income/VOLAG Funds Includes: CalWORKs, RCA, GA, CAPI, Foster Care (FC), Adoption Assistance payments (AAP) and the child support disregard payments. This also includes funds withheld from a PA grant to repay a Fraud or client-caused other overpayment and the amount of a grant reduction due to the client s failure to meet another program s requirements. [Refer to Public Assistance Grant Reductions - Failure to Comply [ ], page 19-32]. Refugees are eligible to receive R&P income of $1,100 or more per person within the refugee s first 90 days in the U.S. Income is treated according to the way the VOLAGs disburse the funds: Funds disbursed in several payments in more than one calendar month are counted as unearned income and prospectively budgeted. Note: Income earmarked by the VOLAGs to be used for specific purposes (rent, utilities, furniture, etc.) are considered excluded income. Funds disbursed as Lump Sum or Vendor Payments are exempt. [Refer to Exempt Income [ ], page Update #12-XX Revised: 02/xx/12

12 page UNEARNED INCOME CalFresh Handbook ADDITIONAL INFORMATION OR RESTRICTIONS REIMBURSEMENTS [Refer to Exempt Income [ ], page ] HUD payments for rental/utility assistance are not considered a reimbursement but are counted as unearned income. RETIREMENT BENEFITS ROSS GRANTS SOCIAL SECURITY (SSA) STRIKER BENEFITS TRUST FUND WITHDRAWALS OR DIVIDENDS UNEMPLOYMENT BENEFITS (UIB) Count as unearned if received while attending a training program without work requirements. If all or part of an SSA payment is withheld: To repay an overpayment, count only the reduced amount as income. For any other reason, count the full SSA amount before the reduction as income. Except for any portion paid as compensation for picketing. If actually, or could be, received from an exempt trust fund. If all or part of a UIB payment is withheld: To repay an overpayment, count only the reduced amount as income. Due to earnings received during the period for which the payment is being issued, count only the reduced amount as income. Due to a benefit garnishment, voluntary withholdings or child support, count the FULL UIB amount before the reduction as income. Allow child support deduction if benefits are garnished for child support payment. [Refer to UIB/DIB Offsets, page for a chart listing the various offsets and their treatment.] VETERERAN S BENEFITS WORKERS COMPENSATION (WC) BENEFITS This also includes Aid and Attendance (AA) benefits paid to an elderly or disabled veteran, their spouse, surviving spouses and parents. Both temporary and permanent benefits are considered unearned. Revised: 02/xx/12 Update #12-XX

13 CalFresh Handbook page Exempt Income [ ] The income shown on this chart shall be considered exempt (excluded) for CalFresh. EXEMPT INCOME ADOPTION SUBSIDIES FOR MEDICAL OR DEPENDENT CARE AGENT ORANGE PAYMENTS ADDITIONAL INFORMATION OR RESTRICTIONS Exempt Title IV adoption subsidies, such as AAP (Adoption Assistance Program) payments, when earmarked for reimbursement of medical or dependent care expenses. Exempt payments from the Agent Orange Settlement Fund or any other fund established in connection with settling liability claims concerning Agent Orange. DO NOT exempt Veterans Administration (VA) benefits for Agent Orange-caused disabilities. [Refer to Agent Orange, page ] ALEUT RESIDENT PAYMENTS AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) PAYMENTS BALL V. SWOAP PAYMENTS BOARD OF GOVERNOR S GRANT (BOGG) fee waiver CALCAP INCENTIVE PAYMENTS CALIFORNIA VICTIMS OF CRIMES CAL-LEARN PAYMENTS Paid to residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island under the Aleutian and Pribilof Islands Restitution Act for injustices suffered while under United States control during World War II. One-time payments of $250 paid to recipients of: Social Security Supplemental Security Income/State Supplementary Payment (SSI/SSP) Railroad Retirement and Veterans Disability Compensation or Pension benefits. Issued by DHS or CDSS for late State Hearing decisions. The value of the BOGG fee waiver is exempt. Exempt a CalWORKs Career Advancement Program (CalCAP) incentive payment issued in the form of a gift certificate/voucher to a local store or business as an in-kind payment. Exempt payments received under the California Victims of Crimes Program. Exempt as income, but count as a resource. Update #12-XX Revised: 02/xx/12

14 page EXEMPT INCOME CALWORKS DIVERSION PAYMENTS CALWORKS FUNDED VENDOR PAYMENTS FOR HOUSING ADDITIONAL INFORMATION OR RESTRICTIONS CalFresh Handbook Exempt a CalWORKs Diversion payment issued to divert a family from becoming dependent on welfare as a nonrecurring lump-sum payment if the diversion payment is not defined as assistance. Exempt CalWORKs funded housing assistance VENDOR paid by the Housing Authority on behalf of the household. These funds are ONLY excluded if paid directly to the vendor. If the funds are received by the household, they are counted as unearned income. CALWORKS HOMELESS ASSISTANCE PAYMENTS CALWORKS SPECIAL NEED PAYMENTS Exempt under court injunction from Hamilton v. Lyng. Exempt if not issued as a reimbursement for normal living expenses. Exemptions include: Special transportation (work or medical) Housekeeping services Special telephone service/equipment for medical reasons Occupational or trade tools Distilled water for medical reasons Work-related clothing required by an employer, such as uniforms, hard hat, steel toe boots. EXCEPTION: Therapeutic diets and Pregnancy Special Need payments count as unearned income in the CalFresh budget. CALWORKS WORK STUDY CHARITABLE CONTRIBUTIONS CHILD CARE PAYMENTS All work study payments are excluded as income. Exempt $300 or less received from one or more private, nonprofit charitable organizations in a calendar quarter. [Refer to Charitable Contributions, page ] Exempt only those payments from the following sources. (The exemption applies only to the individual who incurs the cost of child care, and does not apply to the child care provider.) At Risk Block Grant Child Care and Development Block Grant CalWORKs child care program payments issued to the client as a reimbursement. Revised: 02/xx/12 Update #12-XX

15 CalFresh Handbook page EXEMPT INCOME CHILD'S EARNINGS ADDITIONAL INFORMATION OR RESTRICTIONS Exempt if child is: Under 18 or turns 18 on the 1st day of the month**, and Under parental control [Refer to Parental Control [63-102p(1)], page 9-13], and At least a half-time elementary or secondary (high school) student. For this exemption, the child must be under the parental control of another household member. [Refer to Parental Control [63-102p(1)], page 9-13.] ** The earned income of a child (who meets the about conditions) is exempt until the month following the month in which the person turns 18 years of age. CHILD SUPPORT THAT MUST BE TURNED OVER TO THE DEPARTMENT OF CHILD SUPPORT SERVICES (DCSS) Exempt when the PA CalFresh household must turn over child support (including court-ordered arrearages) to maintain CalWORKs eligibility, regardless of whether the C/S is actually turned over to the DCSS. NOTE: Direct child support payments are considered unearned income and are not exempt for non-assistance CalFresh households, CalWORKs/ CalFresh applicants, MFG children, and Tribal TANF/CalFresh applicants and recipients. CONTRIBUTIONS FROM PERSONS OR ORGANIZATIONS Contributions from persons or organizations that a donor would not make available for an expenditure unless the contribution is used in accordance with conditions imposed by the donor. The contribution can be for any general purpose and as long as it is used for the specified purpose it is exempt. The contribution is exempt when there is verification that the money was used for the intended purpose. The verification can be a simple written statement from the contributor. EXAMPLE: An uncle gives $400 to the household to purchase new tires. The $400 is not considered income when the receipts for the tire expenditure verify the donor s intended purpose for the contribution. Update #12-XX Revised: 02/xx/12

16 page EXEMPT INCOME DEMONSTRATION PROJECT DIRECT PAYMENTS DEPARTMENT OF REHABILITATION TRAINING ALLOWANCES DISASTER ASSISTANCE PAYMENTS ADDITIONAL INFORMATION OR RESTRICTIONS CalFresh Handbook Received in lieu of in-kind benefits when the household participates in a demonstration project authorized under federal law or created by a waiver of federal provisions. Allowances for training expenses paid to recipients participating in Department of Rehabilitation programs. Exempt: Federal major disaster and emergency assistance issued under the Disaster Relief Act of 1974, and Comparable assistance provided due to a major disaster by state and local governments, and disaster assistance organizations. DISASTER GOVERNMENT PAYMENTS DESIGNATED TO RESTORE A HOME DISASTER RELIEF EMPLOYMENT INCOME DISASTER UNEMPLOYMENT ASSISTANCE (DUA) Exempt if the home was damaged in a disaster, and the household is subject to legal sanction if the funds are not used as intended. Exempt any Disaster Relief Employment income received during a nationally declared disaster. [63-507(a)(4)] Paid only when a natural disaster has been declared by the President of the United States. (Checks have a greenish background.) Note: Disaster Unemployment payments are limited to 26 weeks. This income can be verified through the MEDS system, which is used to determine existing Unemployment Insurance Benefits (UIB). DIVERTED MILITARY PAYMENTS EARNED INCOME TAX CREDIT (EITC) PAYMENTS Exempt if diverted to an ex-spouse by court order. Exempt advance monthly payments and lump sums. MAY count as a resource. [Refer to Resources [63-501], page 15-1.] Revised: 02/xx/12 Update #12-XX

17 CalFresh Handbook page EXEMPT INCOME ENERGY ASSISTANCE PAYMENTS OR ALLOWANCES FILIPINO VETERANS EQUITY COMPENSATION FLEXIBLE SPENDING ACCOUNTS FOOD PROGRAM BENEFITS ADDITIONAL INFORMATION OR RESTRICTIONS Exempt any payment made for the purpose of providing energy assistance under any federal law other than Part A of Title IV of the Social Security Act (Block TANF grants) such as the Low Income Home Energy Assistance Act {LIHEAA}, Housing and Urban Development {HUD}, or the Farmer's Home Administration {FmHA} programs. Also exempt any one time federal, state or local energy assistance payment made for weatherization or emergency repair or replacement of heating or cooling devices. Exempt the one-time payment of up to $15,000 for certain veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II and their spouse. Exempt any flex spending account that is offered by employers that cannot be received in the form of money payable directly to the household. Exempt any benefits received by CHILDREN under the following programs: Child and Adult Care Food Program Commodity Distribution Programs School Breakfast Program School Lunch Program Special Milk Program Summer Food Service Program for Children. FOSTER CARE WRAPAROUND SERVICES PROGRAM PAYMENTS Direct services provided to such families are excluded as income. Also payments made to a vendor or third party on the behalf of the household for an expense, are excluded as income. EXCEPTION: Any cash paid directly to the CalFresh household would be treated as income. GA SPECIAL NEED PAYMENTS Exempt if not issued as a reimbursement for normal living expenses. Exemptions include: Therapeutic diets Special transportation (work or medical) Housekeeping services Special telephone service/equipment for medical reasons Occupational or trade tools Distilled water for medical reasons Work-related clothing required by an employer, such as uniforms, hard hat, steel toe boots. Update #12-XX Revised: 02/xx/12

18 page EXEMPT INCOME HEALTH INSURANCE BENEFITS HOUSING AND URBAN DEVELOPMENT (HUD) PAYMENTS INDEPENDENT LIVING PROGRAM (ILP) INDIAN PAYMENTS INFREQUENT OR IRREGULAR INCOME IN-KIND BENEFITS JAPANESE ANCESTRY RESTITUTION PAYMENTS JOB TRAINING PARTNERSHIP ACT (JTPA) ADDITIONAL INFORMATION OR RESTRICTIONS CalFresh Handbook Exempt any health insurance benefits, offered by employers, that cannot be received in the form of money paid directly to the household. Exempt HUD payments to a landlord or mortgagee (person who owes the mortgage) for housing or utilities. Income and incentive payments earned by a child 16 years of age or older who is participating in the ILP when income is received as part of the ILP written transitional independent living plan. There is no limit to the amount exempted under this subsection. Exempt only those payments listed under Indian Payments. [Refer to Indian Payments [63-506], page ] Income that is received too infrequently or irregularly to be anticipated. Exempt any gain or benefit which is not in the form of money (such as meals, clothing, or public housing). Paid under the Civil Liberties Act of 1988 to persons interned during World War II. Earned income of a child derived from participating in the JTPA. (See Child s earnings for definition of child.) All payments, other than earnings, to a child which are derived from participation in JTPA programs. Payments to an adult which are derived from participation in JTPA programs to the extent the payment reimbursements do not exceed actual expenses. KING V. MCMAHON PAYMENTS LOANS Exempt $100 per month paid by CDSS for State Hearing decisions issued beyond the 90-day or legally extended time period. Exempt all loans other than deferred educational loans. (Only verify if questionable.) A statement signed by both parties stating that the payment is for a loan that must be repaid is sufficient. Revised: 02/xx/12 Update #12-XX

19 CalFresh Handbook page EXEMPT INCOME MEDICARE DRUG DISCOUNT CARD PROGRAM MILITARY PAY ADDITIONAL INFORMATION OR RESTRICTIONS Exempt as income any discount and/or credit received by a Medicare beneficiary through the drug discount card. Exempt a portion of military pay only if paid to military personnel deployed to a designated combat zone, and was not received immediately prior to serving in the combat zone. Only exempt the portion of military pay, which exceeds the amount of pay which was being issued prior to deployment. [Refer to Combat Zone, page 19-6 for further information.] NATIONAL AND COMMUNITY SERVICE ACT TITLE I PAYMENTS EXEMPT: On-the-Job Training (OJT) earnings of a dependent household member under 18 (a dependent is someone under parental control as defined in Parental Control [63-102p(1)] [Refer to Parental Control [63-102p(1)], page 9-13.] All payments other than OJT payments. This applies to income from: Serve America American Conservation and Youth Corps Higher Education Program Service-Learning Program Americorps National Civilian Community Corps Summer for Safety Program School-to-Work Opportunities Program Youthbuild Program. NAZI PERSECUTION VICTIM PAYMENTS NONRECURRING LUMP SUM PAYMENTS RADIATION EXPOSURE COMPENSATION TRUST FUND PAYMENTS Exempt as income, but count as a resource. [Refer to Nonrecurring Lump Sum Payments, page ] Exempt payments made under the Radiation Exposure Compensation Act of 1990 for certain diseases caused by radiation exposure. Update #12-XX Revised: 02/xx/12

20 page EXEMPT INCOME Reception and Placement (R&P) Income ADDITIONAL INFORMATION OR RESTRICTIONS CalFresh Handbook R&P funds disbursed as a one-time payment, or issued in more than one payment in the same calendar month, it is considered a non-recurring lump sum payment and a resource in the month received. R&P funds disbursed as vendor payments are excluded income. An expense paid with vendor payment is not allowed as a deduction for the month the payment is intended to cover. Income earmarked by the Voluntary Agency (VOLAG) to be used for specific purposes (rent, utilities, furniture, etc.) are considered excluded income. Note: Acceptable VOLAG verification must include information to determine if the R&P income received by the refugee was required to be spent for a specific purpose. REIMBURSEMENTS RELOCATION ASSISTANCE BENEFIT REPRESENTATIVE PAYMENTS RETROACTIVE PAYMENTS FROM AN ASSISTANCE PROGRAM RICKY RAY HEMOPHILIA RELIEF FUND ACT PAYMENTS Exempt any portion that does not exceed the expense or otherwise result in a gain or benefit. Do not exempt reimbursements for normal household living expenses (such as rent, mortgage, utilities, clothing, or food eaten at home). [Refer to Reimbursements, page ] A Relocation Assistance Benefit paid by a public agency to a household that has been relocated as a result of redevelopment, urban renewal, freeway construction or any other public development involving demolition or condemnation of existing housing. Exempt money received and used for the care and maintenance of a third-party beneficiary who is not a household member. Exempt payments for retroactive approval of an application; and court-ordered retroactive, supplemental, or corrective payments received for a previous month. Exempt payments (allowances) received under Public Law by individuals who have contracted HIV due to contaminated blood products used in the medical treatment of their blood-clotting disorder. Revised: 02/xx/12 Update #12-XX

Exhibit 5-1: Income Inclusions and Exclusions 24 CFR 5.609(b) and (c) Examples included in parentheses have been added to the regulatory language for clarification. INCOME INCLUSIONS (1) The full amount,

Chapter: Medically Needy Countable and Income Legal Authority: 45 CFR 233.20 The Medically Needy TennCare Medicaid categories are the only TennCare categories that continue to use the AFDC financial methodology.

CalWORKs Handbook page 27-1 27. 27.1 SSI/SSP or CAPI Payments and Income Aid payments and income of an SSI/SSP or CAPI recipient should not be included in the AU s Income Eligibility Test and grant computation.

Funds Provided to American Indians/Alaska Natives that are Excluded by Law Public Law Statute/U.S. Code Description of Funds Public Law 84-736 Public Law 84-926 Public Law 85-794 (section 3) Public Law

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